Contract between M & R Investment and Harold Minsky for performances at the Dunes Hotel, May 15, 1959

1 ? ? M A G R E E M E N T 2 THIS AGREEMENT, made this /^ ^d ay of f o b y , 1959, by and be- 3 tween M & R INVESTMENT Cl ,, IN u., a corporation, hereinafter referred 4 to as ?Company", and H A R O LD MINSKY, hereinafter referred to as ??Minsky", 5 WITNESSETH: 6 WHEREAS, the. Company is the operator of the Dunes Hotel, in Las 7 Vegas, Nevada, and is desirous of presenting at such hotel a musical review 8 or reviews, under the supervision and direction of Minsky; and 9 WHEREAS, the Company is desirous of procuring the services of 10 Minsky and the use of his name; and 11 WHEREAS, Minsky is desirous of producing musical reviews for the 12 Company at the Dunes Hotel, Las Vegas, Nevada; 13 NOW, THEREFORE, in consideration of the mutual prom ises ana agree 14 merits hereinafter set forth, and for other good and valuable consideration, the \ receipt or which is hereby acknowledged, the parties hereto mutually promise and agree as follows: 17 i . I he term of this contract shall be for two years, beginning on the 18 26th day of June 1959, and terminating on the 26th day of June 1961. 19 2. During said two year term of this agreement, tcrtfeK, 20 ? c i k , 21 shall be retained as producer and director of if. 22 the musical reviews presented at the Dunes Hotel, Las Vegas, Nevada, and 23 shall be the exclusive producer and director of said reviews and shows, 24 regardless of whether or not the Company presents a principal perform er 25 not selected by Minsky, arid whether or not the title of the show or review 26 bears the name of ??Minsky? . It is further understood and agreed by and be- 27 tween the parties hereto that in the event the Company hires, retains or 28 presents a principal name perform er to be presented in any review or show 29 produced by M nsky, the Company must consult with Minsky with regard to 30 the presentation, part, performance or use of said principal perform er. In 31 the event the Company does not desire to use the name of Minsky in any show 32 produced and directed by Minsky, as heretofore described, it is understood LAW OFFICES GOLDWATER, SINGLETON, L a s V e g a s , N e va da 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 an J agreed that Minsky shall be and remain the producer and director of said show or review, regardless of the billing given to any principal perform er. 3. Minsky?s fees as producer as heretciore described shall oe at the rate of Twelve Hundred and Fifty ($1250.00) Dollars per wee* ior each week of the term of this agreement, / l M^e\ejrc^ay^M?t?5 ky's fe?s sTs p' free k Minsky's fees shall be payable at / the end oi each weekly period and shall not be subject to any deductions what - soever, except advances or bills owed to the Company. 4. Minsky shall devote full time and effort, as may be necessary tor the organicing and rehearsing and production of the show at the Dunes Hotel, and in connection therewith shall spend whatever time is necessary at the Dune Hotel for the proper supervision, direction and management of the show, it be?ing understood that Minsky?s fees shall be payable as herein provided irre sp e c ?tive of whether or not he is present at the Dunes Hotel. The Company shall also pay for any and all transportation charges for Minsky and his wife to any?where in the United States of America, when such transportation is required for or connected with the production of said show, it is further understood and agreed that Minsky shall be, and he is hereby, granted the privilege of charg?ing food and drink at the Dunes Hotel and shall not be required to reimburse the Company for said charges. 5. During any period of this agreement for which Minsky's services aie contracted hereunder, Minsky agrees not to engage in or otherwise aid in the presentment of any show in Jla rk County, Nevada, or permit the use of his name in any manner whatsoever in conjunction with any presentation in Clark County, Nevada, in the event that the Company does not ?Aercise its option to extend the term oi this contract in the manner and at the time herein provided, then this contract shall come to an end and none of the restrictions herein im ?posed upon Minsky shall thereafter be omding. 6. It is understood that any show produced by Minsky under the term s of this contract may bear an entitlement including the word "Minsky"; provided - 2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ETON, IILES \DA however, that the Company may present a show not bearing the entitlement including the word ?Minsky ?, it being understood and agreed that Minsky shall be and remain the producer of any show not thereby entitled with the word ?Minsky? , as nerein provided. In the event that the Company violates or breaches any or trie term s ol this agreement, Minsky shall have the option of directing the Company to forthwith cease and desist from the use of the name ?Minsky? in conjunction with the show then being presented, and on receipt of such notice the Company shall comply therewith. 7. in the event the name of Minsky shall oe used in the entitlement of any show produced by Minsky, then Minsky shall, in the organization and p re?sentment of the show, have the sole right to select all of the principals and p er?form ers required by him, subject to the right or the Company to reject any principal or act selected by Minsky, provided notice of such rejection is given prior to the commencement of the show. Minsky is expressly authorized, upon approval by the Company, to execute all necessary contracts for employment of acts, principals and other perform ers, expressly provided, however, that, within the limit of the budget provided, Minsky shall have the sole and exclusive right to hire chorus g irls, and the express authority to enter into contracts of employment with them, as an authorized agent of the Company. It is understood that the amount to be expended for talent in conjunction with the show to be p re?sented under this agreement shall be a minimum oi $10,000.00 per week, and a minimum of $10,000. (X) shall be expended for any show for the purchase or rental of costumes. It is understood that the use of the word "talent" in this agreement is limited solely to perform ers and not to the persons engaged in conjunction with the show. 8. Minsky shall have the sole right to select a choreographer and stage manager for the show, whose compensation shall re paid for by the Company. 9. After the commencement of the show, the Company shall have no right to change the manner, presentment or nature of the show, or any right or authority to interfere with the show, or make changes therein without the approval of Minsky. - .3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 10. It is understood that any and ail costs, charges, disoursements, or otherwise, in conjunction with the organisation and presentment oi the show shall be solely the obligation oi the Company. 11. It is understood that if Minsky desires to have Charles E. Hogan assist in the presentment of the show, all compensation due and payable to him shall be payable by Minsky, except that the Company shall furnish room and board for Charles L . Hogan tor a period not exceeding one week, and transportation to and from Chicago. 12. This contract or any of the rights provided for herein are not assignable or transferable by the Company by direct act on its part, or by operation oi law. In the event of the appointment of a Receiver, Trustee, or any Custodian of the Company, its business or assets, then and in such event, any and all rights to options of renewal exercisable as referred to in para?graph 5 hereof shall be extinguished. 13. All written notices required to be served or delivered under this agreement shall, as to the Company, be personally served on any officer of the Company, or sent by registered mail to the Company at the Dunes Hotel, Las Vegas, Nevada; and as to Minsky, service may be effected personally on him, or by registered mail to his residence, as herein first stated. 14. The parties hereto acknowledge that Minsky contemplates the organisation of a road show originating from Las Vegas, Nevada, and from the Dunes Hotel. In the event Minsky organizes and produces a show originating from the Dunes Hotel in Las Vegas, Nevada, the Company shall be entitled to receive from Minsky fifty per cent (50%) of the net profits derived from the performance of said show, providing, however, that there shall be deducted from said profits an agent?s commission, if any, and a booKer?s comm ission, in the sum of five per cent (5%) which shall be payable to Charles E. Hogan, of 203 N ;<rth Wabash, Chicago, Illinois: and provided, further, chat Charles L. Hogan shall be the exclusive booxer for said road show. This agreement between the parties with regard to the organizing and producing oi road shows, as set forth in this paragraph, shall oe operative and effective only so long as the parties hereto are doing business under and within the term s of this entire 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 agreement between the parties, and shall not be effective or operative in the event that the other agreements of the parties, as set forth herein, are for any reason no longer applicable. In the event that costumes o r m aterials owned by the M & R Investment G o ., Inc. are used during the operation described in this paragraph, M & R Investment C o ., Inc. shall ac entitled to and receive a reasonable compensation for the use of such costumes and properties. 15. The parties further acknowledge that the nature or the performances by the parties set forth in this Agreement requires mutual confidence and respect of the personalities who are parties to this Agreement, and, for that reason, the Company hereby grants to Minsky the right, privilege and option to terminate this Agreement and all the term s hereof in the event that a majority of the D irectors of the Company, as of the date of this Agreement, are no longer in office or associated with the Company, or in the event that this agreement and its term s are for any reason assigned to a person, firm , corporation, or co-partnership in which the present Directors of the Company are not interested, either as investors, partners or stockholders. This option shall be exclusive with Minsky, and it is understood and agreed that it is not extended or granted in any way to the Company. 16. It is agreed by and between the parties hereto that in ihe event the name "M insky", or the show produced by Minsky, is used by way ox a photo?graphic article in writing or any other manner, as the result of which the M & R Investment Co. ,I n c ., or any of its affiliates, receives compensation of any amount, the amount of compensation so received shall be divided twenty-five per cent (25%) to Minsky, and seventy-five per cent (75%) to M & R Investment C o ., In c ., or any of its affiliates. It is further understood and agreed that the use ox the name "Minsky" or any reproduction by way ox photo?graph, or otherwise, of th show produced by Minsky shall not be done without the consent of Minsky, in writing first had and obtained. This paragraph in?cludes brochures, souvenir programs, television or the use of any media for which M & R Investment C o ., In c., or any ox its affiliates, receives compen?sation as set forth in this paragraph, it being understood and agreed that the media mentioned herein is by way oi description only and not by way of lirnita- -5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 : tion. 17. This contract supersedes and makes null and void any and all written agreements, if any, heretofore in existence between the parties. IN WITNESS WHEREOF, the Company has caused these presents to be signed by its proper and authorized officers, and caused its corporate seal to be hereunto affixed, and Minsky has hereunto set his hand tne day and year first above written. M & R INVESTMENT CO., INQ? By ?/ /'// / /, ,/ /, / ^ ? T , President AT T E ST :... ? /c< U l,SL?s c- Secretary HAROLD MINSKY 28 29 L A W O F F I C E S g o l d w a t e r , S i n g l e t o n . D i c k e r s o n and Mi l e s L a s Ve g a s , Nevada